ESTATE OF MIHELCIC

No. 299.

63 Wis.2d 33 (1974)

216 N.W.2d 245

ESTATE OF MIHELCIC (Anton): MIHELCIC (Sylvia), Appellant, v. INDUSTRAL ROOFING & INSULATION COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided April 2, 1974.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Max E. Geline of Milwaukee.

For the respondent there was a brief by Brendel, Flanagan & Sendik, S. C., attorneys, and Thomas R. Fahl of counsel, all of Wauwatosa, and oral argument by Mr. Fahl.


HEFFERNAN, J.

It is argued by the respondent corporation that the appeal came too late, because the personal representative did not appeal from the judgment within the sixty-day limit prescribed by sec. 879.27 (3), Stats., which is applicable to appeals from orders or judgments of the probate court. The record shows, however, that on December 21, 1972, the appellant obtained an order, as provided by sec. 879.31, extending the time for appeal. That statute provides...

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